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Home My WebLink About20162348.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1045 - BRUCE SANDAU WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated June 14, 1994, the Board approved Use by Special Review Permit, USR-1045, for an Agricultural Service Establishment for Griffin -Holder Company on the following described real estate, to -wit: Lot A of Recorded Exemption, RE -1325, being part of the W1/2 SE1/4 of Section 36, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Bruce Sandau, dba Green Earth Environmental, Inc., 32660 Vista Lake Road, Greeley, CO 80631, to vacate said Use by Special Review Permit, USR-1045, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-1045, be, and hereby is, vacated. Gc- GLPPL , PL C Oa./ rVW / TP) 30/LC, 4230435 Pages: 1 of 2 08/23/2016 01:26 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, Co ■III IAD Oil Lit IIYIN' Till I 2016-2348 PL0960 VACATE USR-1045 - BRUCE SANDAU PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board Depty Clerk to the Board ounty Attorney Date of signature: Mike Freeman, Chair ulie A. Cozad teve Moreno 4230435 Pages: 2 of 2 08/23/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO 1111 Eir1ra PIiii«k«A LCIIIIVO� �i PLYILIEJUilyi 2016-2348 PL0960 rs61 MEMORANDUM jell TO: Board of County Commissioners L...p DATE: July 25, 2016 FROM: Diana Aungst - Planner II AICP SUBJECT: Vacation of USR-1045 (storage and processing of onions) Request: Weld County Department of Planning Services is requesting that USR-1045 (storage and processing of onions) be vacated. The owner, Mr. Bruce Sandau, is requesting a new USR for this site (USR15-0057). This new USR is on the Board of County Commissioner's agenda for August 24, 2016. The vacation of this existing USR is a condition of approval on the new USR. The Department of Planning Services is in support of this request. Location: Lot A RECX16-0066; Part SE4 Section 36, T6N, R65W of the 6th P.M., Weld County, Colorado. Situs: 23595 CR 62, Greeley, CO, 80631 Background on USR-1045: USR-1045 was approved on June 15, 1994 by the Board of County Commissioners for Griffin -Holder, Co. for an Agricultural Service Establishment (Onion Storage and Processing). The USR map was recorded on July 11, 1994. On August 27, 2015 Mr. Bruce Sandau purchased the property. 2016-2348 July 18, 2016 Diana Aungst Weld County Planning Services 1555 N 17th Avenue Greeley, CO 80631 RE: Bruce Sandau USR 15-0057 (Parcel #080336000044) Dear Diana, As you know I am in the process of getting USR 15-0057 approved with your office in the near future. There is an existing USR on my property (USR-1045) that was in place for the previous owners use. (Onion storage facility) I wish to have that previous USR vacated. Please let me know if can provide anything further to assist with my request. Sincerely Bruce Sandau pLot,o GRIFFIN - HOLDER a O U r°LAJ U F- o >- = U U z 0 Q) O w M W w w 3 ¢ l— $ • a • CO d O ▪ O'2 F- f - O N m ¢ • =0 l— c, w a W w W l0 W W cp CM O 2 W W ¢ 0 J �__ • r W H ce C -Lo w z 3 t D F- W a 2 J N ? 3 0 H g M ,Sb,IIol0 z J lo "I;i"g" USR-1045 z ,1� cri S stf ig# I gER VICINITY MAP 0 O C, 4138832 09/02/2015 11:29 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $110.00 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEED, made this 27th day of August; 2015, between First Choice Onion Properties, LLC, a North Carolina.Ilniited liability company of theCounty of Weld and Slate of Colorado, grantor(s), and Bruce D. Sandnn ��t'� ! . �p ry �� :3Q.(o(cd Uisfa-Zu-k�1 whose legal address Is 1 ,. of the County of Weld and State of Colorado, grantees: WITNESS, that the grantor(s), for and In consideration of the sum of ONE MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,100,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, red by these presents does grant, bargain, sell; convey and confirm unto the grantees, their heirs and assigns forever, A TENANT IN SEVERALTY; all the real property, together with improvements, if any, situate, lying end being. In the County of Weld and State of Colorado, described as follows: Lot A of Recorded Exemption. No. 0803-36-4-REI325, recorded February15,1991, in Book 1296 at Reception No. 2241479, being a part of the SE% of Section 36,.Townsltip 6 North, Range 65 West of the Gth P.M., County of Weld, State of Colorado. also known by street and number as: 23595 County Road 62, Greeley, CO 80631 TOGETHER with all and singular the hercditaments and appurtenances thereunto belonging, or in. anywise appertaining, and the reversion and reversions, remainder and remainders,.rents, Issues and profits thereof, and. all the estate, right, title, Interest, claim and demand whatsoever of the grantor(s), eitherin law or equity, of, in and to the above bargained premises, with the bereditamenu and appurtenafce5 TO HAVE AND TO HOLD the said. premises above bargained and described, with the. appurtenances, unto the grantees, their helm and assigns forever. The grantor(s), for himself,.his heirs, and personal representatives; does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the annealing and.delivery of these presents, he is well soized of the premises above conveyed, has good,.sure, perfect, absolute end indefeasible estate of Inheritance, In law, in fee simple, and hasgood right, Ml power and lawful authority to grant, bargain, sell and convey the sante In manner and Ibrm as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxis for the current year and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) Shetland wilt WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees,.thelr heirs and assigns, against all and every. person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gendershall.be. applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above First Choice Onion Properties, LLC, a North Carolina limited liability company by: Michael J. McGee, Metiflier/Manager State of cLCt F ) County Of Oeat`s6�^ ) ss. The foregoing instrument was acknowledged before me thisAugust 2015, by MICHAEL J. MCGEE, MEMBERIMANAGER OF First Choice Onion Properties, LLC, a North Carolina limited liability company My Commission expires: 0i (Da j at:m1 RO Witness my hand andofficialseat. DANNY CUSE NOTARY PUBLIC :'� L COD oe)Cv STATE OF FLORIDA ( ry Public Corneal EE868734 or RccordcV', elarmmc Ir u ter f 7 Doe Fee: S I l 0.00 Dryers Forwxrdhrt Address Derruwer Andress wMIa,%I rr DEED Me s NAtrTC :ZE COWAN RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1045 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (ONION STORAGE AND PROCESSING) IN THE A (AGRICULTURAL) ZONE DISTRICT - GRIFFIN -HOLDER CO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of June, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Griffin -Holder Co., P.O. Box 511, Rocky Ford, Colorado 81067, for a Site Specific Development Plan and Special Review Permit #1045 for an agricultural service establishment (onion storage and processing) in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot A of RE #1325, WI SEe Section 36, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, Hal Holder, President of Griffin -Holder Co., was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies are intended to support and preserve agricultural industries and farming. b. This use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. PL0960 940569 ,ZD9,0 ce : SPECIAL REVIEW PERMIT #1045 - GRIFFIN -HOLDER CO. PAGE 2 c. The uses permitted will be compatible with the existing surrounding land use and with future development of the surrounding area as permitted by the Agricultural Zone District. The surrounding land uses include agricultural production and rural residences. d. The Special Review Permit site is located in the Airport Overlay district. Special Review Permit Development. Standards address the overlay district regulations. No other overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection for the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Griffin -Holder Co. for a Site Specific Development Plan and Special Review Permit #1045 for an agricultural service establishment (onion storage and processing) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Use by Special Review plat: a. Written evidence shall be submitted to the Department of Planning Services that all septic systems on site are in compliance with the Weld County Health Department I.S.D.S. Regulations. b. The applicant shall submit evidence to the Department of Planning Services that the Colorado Department of Health has determined that all existing emission permits have been modified for the increased operation if such a modification represents a significant change in emissions or production. 940569 SPECIAL REVIEW PERMIT #1045 - GRIFFIN -HOLDER CO. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1994. ATTEST: Weld County Clerk to the Board BY: i Lt'c¢ l'( i�. ,C_LLL Deputy C, erk to the Board APPR• D AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COhORADO __//, lrman Barbara J. Kirkme 940569 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GRIFFIN -HOLDER, CO. USR 111045 1. The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment (the storage and processing of onions) in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant. to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 8. No on -site disposal of produce of any type shall be permitted at anytime. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing debris, fugitive dust, or spoiled produce on or around the facility. 9. All pesticides, fertilizers, and other potentially hazardous chemicals shall be stored and handled in a safe manner in accordance with Section 25-8-205.5, Colorado Water Quality Control Act and Rules and Regulations. 10. The property shall be maintained in compliance at all times with the Airport Overlay District. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 940569 DEVELOPMENT STANDARDS - GRIFFIN -HOLDER CO. PAGE 2 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department, Western Hills Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940569 Hello